ORS 701.565
Notice of defect requirement
- contents
- mailing
(1)
Except as provided in ORS 701.600 (Nonapplicability of ORS 701.560 to 701.595 and 701.605), an owner may not compel arbitration or commence a court action against a contractor, subcontractor or supplier to assert a claim arising out of or related to any defect in the construction, alteration or repair of a residence or in any system, component or material incorporated into a residence located in this state unless the owner has sent that contractor, subcontractor or supplier a notice of defect as provided in this section and has complied with ORS 701.575 (Availability of residence).(2)
An owner must send a notice of defect by registered or certified mail, return receipt requested. If a notice of defect is sent to a contractor or subcontractor, the owner must send the notice to the last known address for the contractor or subcontractor as shown in the records of the Construction Contractors Board. If a notice of defect is sent to a supplier, the owner must send the notice to the Oregon business address of the supplier or, if none, to the registered agent of the supplier.(3)
A notice of defect sent by an owner must include:(a)
The name and mailing address of the owner or the owner’s legal representative, if any;(b)
A statement that the owner may seek to compel arbitration or bring a court action against the contractor, subcontractor or supplier;(c)
The address and location of the affected residence;(d)
A description of:(A)
Each defect;(B)
The remediation the owner believes is necessary; and(C)
Any incidental damage not curable by remediation as described in subparagraph (B) of this paragraph; and(e)
Any report or other document evidencing the existence of the defects and any incidental damage. [2003 c.660 §2; 2011 c.268 §1]
Source:
Section 701.565 — Notice of defect requirement; contents; mailing, https://www.oregonlegislature.gov/bills_laws/ors/ors701.html.
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